Ill. Admin. Code tit. 47, § 381.202 - Abandoned Residential Property
Abandoned Residential Property shall mean residential real estate that:
a) Either:
1) Is not occupied by any mortgagor or lawful
occupant as a principal residence; or
2) Contains an incomplete structure if the
real estate is zoned for residential development, when the structure is empty
or otherwise uninhabited and is in need of maintenance, repair or securing;
and
b) With respect to
which, either:
1) Two or more of the following
conditions are shown to exist:
A) Construction
was initiated on the property and was discontinued prior to completion, leaving
a building unsuitable for occupancy, and no construction has taken place in 6
months;
B) Multiple windows on the
property are boarded up, closed off or smashed through, broken off or unhinged,
or multiple window panes are broken and unrepaired;
C) Doors on the property are smashed through,
broken off, unhinged or continuously unlocked;
D) The property has been stripped of copper
or other materials, or interior fixtures to the property have been
removed;
E) Gas, electrical or
water services to the entire property have been terminated;
F) One or more written statements of the
mortgagor or the mortgagor's personal representative or assigns, including
documents of conveyance, indicate a clear intent to abandon the
property;
G) Law enforcement
officials have received at least one report of trespassing or vandalism or
other illegal acts being committed at the property in the last 6
months;
H) The property has been
declared unfit for occupancy and ordered to remain vacant and unoccupied under
an order issued by a municipal or county authority or a court of competent
jurisdiction;
I) The local police,
fire or code enforcement authority has requested the owner or other interested
or authorized party to secure or winterize the property due to the local
authority declaring the property to be an imminent danger to the health, safety
and welfare of the public;
J) The
property is open and unprotected and in reasonable danger of significant damage
due to exposure to the elements, vandalism or freezing; or
K) Other evidence indicates a clear intent to
abandon the property; or
2) The real estate is zoned for residential
development and is a vacant lot that is in need of maintenance, repair and
securing.
Notes
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